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LAGirl12345

Adjustment of Status Question for my spouse who left the US

By LAGirl12345 in IR-1 / CR-1 Spouse Visa Process & Procedures

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LAGirl12345 Newbie

LAGirl12345   0

Posted
Timeline
Posted

My spouse was here on a Student Visa (I'm guessing F1?) and we got married about 3 months ago. 2 days after we got married, his dad passed away so he had to fly back to his country and he has been there ever since to take care of his dad's business that he left behind. His school advised that in March of this year, they are going to cancel his student visa because he is not here. I am in the process of submitting the Form I-130 for his green card but I'm not sure if I need to file the I-485 as well since technically he is still on his student visa right now. Does it matter if he is outside the US?

 

Also after I apply for the I-130, when he comes back in the US to visit me, can he come in as a tourist visa or does he have to request for a specific visa? Thank you for your help!!

 

 

 

azblk Rising Star

azblk   338

Posted
Filed: AOS (apr) Country: Uganda
 Timeline
Posted
9 minutes ago, kaylanguyen55 said:

My spouse was here on a Student Visa (I'm guessing F1?) and we got married about 3 months ago. 2 days after we got married, his dad passed away so he had to fly back to his country and he has been there ever since to take care of his dad's business that he left behind. His school advised that in March of this year, they are going to cancel his student visa because he is not here. I am in the process of submitting the Form I-130 for his green card but I'm not sure if I need to file the I-485 as well since technically he is still on his student visa right now. Does it matter if he is outside the US?

 

Also after I apply for the I-130, when he comes back in the US to visit me, can he come in as a tourist visa or does he have to request for a specific visa? Thank you for your help!!

 

 

 

you can not file i-485 since he is not in the country. Yes if he gets a tourist visa he can come to visit. If the school cancels his SEVIS he can not reenter with a student visa.

JFH Grand Master

JFH   12,191

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

He can visit if he has a tourist visa. If not, it's unlikely he will get one and he will have to wait in his home country until the CR-1 is approved. Reckon on around 14 months for that.

 

He most definitely CANNOT enter with a tourist visa with the intention of staying and adjusting status. 

Edited by JFH

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

JFH Grand Master

JFH   12,191

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

*~*~*moved from "adjustment of status from work/study/tourist visas" to "IR-1/CR-1 spouse visa process and procedures" as the spouse is not in the USA and cannot adjust status*~*~*

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

caliliving Proficient

caliliving   606

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

doubtful he will get a tourist visa since he has no TIES to america. also, if asked he will have to say he is married.

he can try for a tourist visa but he needs to be honest.  

what country is he from? 

 

best you apply for the cr1 visa it will take about 1 year and then he will have a greencard and can enter. 

 

LAGirl12345 Newbie

LAGirl12345   0

Posted
Timeline
  • Author
Posted
47 minutes ago, caliliving said:

doubtful he will get a tourist visa since he has no TIES to america. also, if asked he will have to say he is married.

he can try for a tourist visa but he needs to be honest.  

what country is he from? 

 

best you apply for the cr1 visa it will take about 1 year and then he will have a greencard and can enter. 

 

He is from Italy. They do not require a visa to travel to the US...so Im not sure how that works....

caliliving Proficient

caliliving   606

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted
1 hour ago, kaylanguyen55 said:

He is from Italy. They do not require a visa to travel to the US...so Im not sure how that works....

ok then he can try to enter on VWP assuming he never overstayed but of course he needs to state the nature of his visit. never lie

he actually has a good chance of visiting again! but he needs to be honest if they ask he needs to say he is visiting his wife. he does not need to apply for any visa!

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

Assuming he is eligible for the VWP, he just needs an ESTA to visit. He is allowed to visit, but cannot stay in the US, nor enter with the intent to file for AOS (I-485).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

NikLR Grand Master

NikLR   13,232

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Because he is not in the USA and he cannot use a non-immigrant visa to immigrate (aka his student or a tourist visa) you will not send the I-485. 

 

Follow the CR1 guides. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

MacUK Proficient

MacUK   983

Posted
Filed: Other Country: United Kingdom
 Timeline
Posted
10 hours ago, caliliving said:

he does not need to apply for any visa!

Well, a CR-1 would probably be a good idea

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

payxibka Grand Master

payxibka   10,047

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
12 hours ago, caliliving said:

doubtful he will get a tourist visa since he has no TIES to america.

 

Huh?  Doubtful he will get a tourist visa since he has no TIES to his HOME COUNTRY!!!

YMMV

caliliving Proficient

caliliving   606

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted
2 hours ago, payxibka said:

Huh?  Doubtful he will get a tourist visa since he has no TIES to his HOME COUNTRY!!!

sorry i ment no ties to his home country:/ you are correct

pushbrk Grand Master

pushbrk   13,268

Posted
Filed: Other Country: China
 Timeline
Posted
17 hours ago, kaylanguyen55 said:

My spouse was here on a Student Visa (I'm guessing F1?) and we got married about 3 months ago. 2 days after we got married, his dad passed away so he had to fly back to his country and he has been there ever since to take care of his dad's business that he left behind. His school advised that in March of this year, they are going to cancel his student visa because he is not here. I am in the process of submitting the Form I-130 for his green card but I'm not sure if I need to file the I-485 as well since technically he is still on his student visa right now. Does it matter if he is outside the US?

 

Also after I apply for the I-130, when he comes back in the US to visit me, can he come in as a tourist visa or does he have to request for a specific visa? Thank you for your help!!

 

 

 

The I-485 is for a spouse already in the US.  Yours is not, so don't file it.  Chances are, he can visit on the Visa Waiver program if he's Italian.  Any truthful answer as to the purpose of his visit is fine.  He need not specifically mention visiting his wife.  "Vacation" or "holiday" are both truthful answers to the purpose of visit question.  As long as his visit is temporary and he's not doing anything illegal, all is well.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

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